Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

NELSON v. DOE

United States District Court, N.D. Illinois


June 21, 2004.

Cedric Nelson,
v.
Doe.

The opinion of the court was delivered by: SAMUEL DER-YEGHIAYAN, District Judge

For the reasons stated in the attached memorandum opinion, plaintiff's petition to proceed in forma pauperis is granted. Based on the reasons stated in the Court's memorandum opinion dated 6/21/04, this matter is hereby dismissed. All pending dates and motions are hereby stricken as moot. The Clerk of the Court is directed to mail a copy of this order to the Trust Fund Officer at the plaintiff's current place of incarceration. Terminating case. Enter Memorandum Opinion. ATTACHMENT

of 20 percent of the greater of . . . the average monthly deposits to the prisoner's account; or . . . the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal." 28 U.S.C. § 1915(b). Once the initial partial payment is made Nelson "shall be required to make monthly payments of 20 percent of the preceding month's income credited to [Nelson's] account . . . [and] [t]he agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10" until the full $150 filing fee is paid. Id. The custodian of Nelson's account is cautioned that "[i]n no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action. . . ." Id.

Pursuant to 28 U.S.C. § 1915, the court is required to dismiss a case "at any time if the court determines that . . . the allegation of poverty is untrue; or . . . the action or appeal[:] (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2).

  Nelson alleges in his complaint violations of 42 U.S.C. § 1983 ("Section 1983"). Nelson brings claims against an unnamed Illinois State's Attorney and two public defenders in his pending criminal case. The complaint alleges a conspiracy between the prosecutor, public defenders, and police to "frame" Nelson in his criminal case, premised primarily upon a delay in the production of the victim's . . .

20040621

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.